Enclosure at public street space

The respective state building code also has something to say about this. And thirdly, the development plan. The enclosure must comply with all three (whereby neighboring law is not applicable here) regulations.

For example, in our state building code it states that the enclosure must be ON the boundary. Behind it, it is no longer an enclosure, unless, for example, a privacy screen element is attached to the boundary fence. Then it would be part of the enclosure and the same principles would apply (e.g., regarding height and type).

No. §21 Neighbor Rights Act
Relationship to paths, waters, and railways; bank and embankment protection
(1) §§ 11 to 18 do not apply to the neighborly relationship between public roads and waters and the adjacent properties, ...

Yes.

No, it is not allowed.

At a distance of 50 cm, in my opinion, it is still considered a enclosure. Only when it is clearly no longer recognizable as an enclosure, but rather as a privacy screen, are you allowed to deviate from the development plan. This cannot be defined generally but must be decided on a case-by-case basis.

Thanks for the explanation.

So you are of the opinion that if I build a 1.5 m high fence on the boundary and plant a 2 m high hedge 50 cm behind the fence, that this is impermissible? Or rather you say that this case is somewhat a gray area that could be decided both ways?

In your opinion, is it to be considered a privacy screen if I have the 2 m high hedge 50 cm behind the fence, but only for 10 m of the 40 m property boundary?

If it borders on public space, you can apply in BW to add half the path width to the 1.5 meters. Living and dead fencing are treated differently. But you can (if not restricted by the development plan) place a 1.5 meter fence on the boundary and a hedge 50 cm further in with 1.80 meters. The further you go into the property, the higher you are allowed to build. Usually, hedges are bought small for cost reasons. If the hedge is then higher after a few years, no one cares...

If it borders public space, you can apply in BW to add half the path width to the 1.5 meters. Living and dead enclosures are treated differently. But you can (if not restricted by the development plan) put a 1.5 meter fence on the boundary and a hedge with 1.80 meters 50 cm further in. The further you go into the property, the higher you can be. Usually hedges are bought small for cost reasons. If the hedge then gets higher after a few years, nobody cares...

What do you mean by path width and does this also apply if the 1.5 m is specified in the textual provisions of the development plan?

Then the development plan applies more. Are you building with an architect? Then just have him ask. I'm not a construction law expert... But we have such a case. However, no development plan. But the hedge can be higher if you stay further away from the boundary. Do you definitely want a fence or just a hedge? If you buy the hedge at 1.80 meters, it will be expensive. In a few years, it will be over 2 meters. Then you will have your privacy screen.

So then you are of the opinion that

In your opinion is it

Take a look at the job title of and choose your words carefully. Afterwards, you can form your opinion on whether Escroda is credible or not.